Section 1507.3 Of Article 1. General Provisions From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 1.
1507.3
. (a) Notwithstanding Section 1566.45 or any other provision
of law, a residential facility that provides care to adults may
obtain a waiver from the department for the purpose of allowing a
resident who has been diagnosed as terminally ill by his or her
physician and surgeon to remain in the facility, or allowing a person
who has been diagnosed as terminally ill by his or her physician and
surgeon to become a resident of the facility if that person is
already receiving hospice services and would continue to receive
hospice services without disruption if he or she became a resident,
when all of the following conditions are met:
(1) The facility agrees to retain the terminally ill resident, or
accept as a resident the terminally ill person, and to seek a waiver
on behalf of the individual, provided the individual has requested
the waiver and is capable of deciding to obtain hospice services.
(2) The terminally ill resident, or the terminally ill person to
be accepted as a resident, has obtained the services of a hospice
certified in accordance with federal medicare conditions of
participation and licensed pursuant to Chapter 8 (commencing with
Section 1725) or Chapter 8.5 (commencing with Section 1745).
(3) The facility, in the judgment of the department, has the
ability to provide care and supervision appropriate to meet the needs
of the terminally ill resident, or the terminally ill person to be
accepted as a resident, and is in substantial compliance with
regulations governing the operation of residential facilities that
provide care to adults.
(4) The hospice has agreed to design and provide for care,
services, and necessary medical intervention related to the terminal
illness as necessary to supplement the care and supervision provided
by the facility.
(5) An agreement has been executed between the facility and the
hospice regarding the care plan for the terminally ill resident, or
the terminally ill person to be accepted as a resident. The care plan
shall designate the primary caregiver, identify other caregivers,
and outline the tasks the facility is responsible for performing and
the approximate frequency with which they shall be performed. The
care plan shall specifically limit the facility's role for care and
supervision to those tasks authorized for a residential facility
under this chapter.
(6) The facility has obtained the agreement of those residents who
share the same room with the terminally ill resident, or any
resident who will share a room with the terminally ill person to be
accepted as a resident, to allow the hospice caregivers into their
residence.
(b) At any time that the licensed hospice, the facility, or the
terminally ill resident determines that the resident's condition has
changed so that continued residence in the facility will pose a
threat to the health and safety of the terminally ill resident or any
other resident, the facility may initiate procedures for a transfer.
(c) A facility that has obtained a hospice waiver from the
department pursuant to this section, or an Adult Residential Facility
for Persons with Special Health Care Needs (ARFPSHN) licensed
pursuant to Article 9 (commencing with Section 1567.50), need not
call emergency response services at the time of a life-threatening
emergency if the hospice agency is notified instead and all of the
following conditions are met:
(1) The resident is receiving hospice services from a licensed
hospice agency.
(2) The resident has completed an advance directive, as defined in
Section 4605 of the Probate Code, requesting to forego resuscitative
measures.
(3) The facility has documented that facility staff have received
training from the hospice agency on the expected course of the
resident's illness and the symptoms of impending death.
(d) Nothing in this section is intended to expand the scope of
care and supervision for a residential facility, as defined in this
chapter, that provides care to adults nor shall a facility be
required to alter or extend its license in order to retain a
terminally ill resident, or allow a terminally ill person to become a
resident of the facility, as authorized by this section.
(e) Nothing in this section shall require any care or supervision
to be provided by the residential facility beyond that which is
permitted in this chapter.
(f) Nothing in this section is intended to expand the scope of
life care contracts or the contractual obligation of continuing care
retirement communities as defined in Section 1771.
(g) The department shall not be responsible for the evaluation of
medical services provided to the resident by the hospice and shall
have no liability for the independent acts of the hospice.
(h) The department, in consultation with the State Fire Marshal,
shall develop and expedite implementation of regulations related to
residents who have been diagnosed as terminally ill who remain in the
facility and who are nonambulatory that ensure resident safety but
also provide flexibility to allow residents to remain in the least
restrictive environment.
(i) Nothing in this section shall be construed to relieve a
licensed residential facility that provides care to adults of its
responsibility to do both of the following:
(1) Notify the fire authority having jurisdiction of the presence
of a bedridden resident in the facility as required pursuant to
subdivision (e) of Section 1566.45.
(2) Obtain and maintain a fire clearance from the fire authority
having jurisdiction.
(j) The requirement in paragraph (1) of subdivision (a) to obtain
a waiver, and the requirement in paragraph (1) of subdivision (i)
shall not apply to a facility licensed as an ARFPSHN pursuant to
Article 9 (commencing with Section 1567.50).